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Notice by Email Was Sufficient for Miller Act Bond Claim

We knew this day would come, since email is now the primary means of written communication. A material supplier made a payment bond claim solely via email. No letter was sent by mail, much less sent by certified mail as required under the Maryland Li… Read More
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Arbitration Demand Timely Despite Complicated Backdrop

Consider the project vendor situation: August 2010 – project complete August 2011 – warranty expires (but is extended by the vendor for a few more months) Throughout 2012 – continued problems with the equipment July 2013 – parties sign to… Read More
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Performance Bond Surety Not Liable if Underlying Contract Was Not Terminated

A modular construction subcontractor provided a performance bond to the prime contractor in the AIA form A312-2010. The GC later claimed that the modular sub failed to properly perform its work, including “that more than 260 windows were leaking an… Read More
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Statute of Repose Bars Claim for Implied Warranty of Habitability

The Rhode Island Supreme Court has held that the statute of repose applies to a claim for breach of the implied warranty of habitability. Homeowners bought a house directly from they builder in 1997. In 2012, the homeowners discovered water infiltrat… Read More
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Prompt Pay Law Enforced Against Non-Paying Project Owner

A Massachusetts court has entered summary judgment against a project owner who failed to follow the terms of the prompt payment act. Judgment has been issued in the amount of $4,600,109, for payment shortages or non-payment on seven requisitions. Jud… Read More
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Statute of Repose on Multi-Building Project Applies to Each Building When Completed

The Massachusetts Supreme Judicial Court has held that the statute of repose on a multi-building, multi-phase project commences on a building by building basis. Thus, a condominium association filing suit after completion of 28 buildings has been tol… Read More
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Overstated Lien is Void; Contractor Thus Liable to Owner for Damages

The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor… Read More
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Arbitrator Did Not Exceed His Authority, as Party Submitted the Issue to Him

One of the very few grounds to vacate an arbitration award is if the arbitrator exceeded his/her authority under the arbitration clause or pertinent contract. The First Circuit Court of Appeal has reminded one party, though: if you submit the issue t… Read More
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Contract Clauses Limiting Damages

The NH Supreme Court has enforced contract clauses waiving consequential damages and limiting liability. It has also noted that tort claims asserted when the underlying transaction was based on a contract will be barred by the economic loss doctrine.… Read More
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Does the Court or Arbitrator Determine Arbitrability? Once Again . . .

Calling this a “mind-bending” question that is “the queen of all threshold issues,” the Third Circuit Court of Appeal has held that this question is for the courts to decide, “unless the parties have clearly and unmistakably referred those… Read More
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About Stan Martin

Stanley A. Martin's Profile Image
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.

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